Goines v. Lee Memorial Health System et al

Filing 54

ORDER denying as moot 48 Joint Motion to Extend Deadline to Disclose Expert Witness Reports; granting in part 50 Joint Motion to Extend Deadlines. An amended case management and scheduling order will be issued by separate Order. Signed by Magistrate Judge Carol Mirando on 7/9/2018. (DRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DONIA GOINES,
Plaintiff,
v.

Case No: 2:17-cv-656-FtM-29CM

LEE MEMORIAL HEALTH
SYSTEM and JEOVANNI
HECHAVARRIA,
Defendants.
ORDER
This matter comes before the Court upon review of the Joint Motion to Extend
Deadlines filed on July 2, 2018. Doc. 50.1 The Court previously granted a joint motion
to extend the deadlines for the parties to disclose expert reports, but the parties now
seek to extend all the remaining deadlines in the Case Management and Scheduling
Order (“CMSO”). Id.; see also Docs. 25, 38. For the reasons stated below, the Court
will grant extensions, but with a slightly different trial term than requested.
District courts have broad discretion when managing their cases in order to
ensure the cases move to a timely and orderly conclusion. Chrysler Int’l Corp. v.

Chemaly, 280 F.3d 1358, 1360 (11th Cir. 2002). Rule 16 requires a showing of good
cause for modification of a court’s scheduling order. Fed. R. Civ. P. 16(b)(4). “This

Plaintiff filed a Joint Motion to Extend Deadline to Disclose Expert Witness Reports
before filing the instant motion, but Plaintiff withdrew the prior motion because it was
inadvertently filed. See Docs. 48, 49. Accordingly, the Joint Motion to Extend Deadline to
Disclose Expert Witness Reports will be denied as moot. See Doc. 48.
1

good cause standard precludes modification unless the schedule cannot be met
despite the diligence of the party seeking the extension.” Sosa v. Airprint Sys., Inc.,
133 F. 3d 1417, 1418 (11th Cir. 1998) (internal quotations and citations omitted).
Here, the parties request a three-week extension of all the remaining deadlines
in the CMSO to allow sufficient time to complete fact discovery prior to the expert
report deadlines, and to prepare dispositive briefs. Doc. 50 at 2-4. The parties assert
they have been diligent in pursuing this case, and no parties will be prejudiced by the
short extension. Id. at 4-5. Therefore, the Court finds good cause to extend the
deadlines in the CMSO, but the Final Pretrial Conference and trial term dates will
be set for March 18, 2019 and April 1, 2019, respectively, in accordance with Judge
Steele’s trial calendar. Also, the Court sua sponte will extend the meeting to prepare
Joint Final Pretrial Statement deadline in accordance with the other extended
deadlines.
ACCORDINGLY, it is
ORDERED:
1.

The Joint Motion to Extend Deadlines (Doc. 50) is GRANTED in part.

2.

An amended case management and scheduling order will be issued by

separate Order.
3.

The Joint Motion to Extend Deadline to Disclose Expert Witness

Reports (Doc. 48) is DENIED as moot.

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DONE and ORDERED in Fort Myers, Florida on this 9th day of July, 2018.

Copies:
Counsel of record
Pro se parties

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